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HomeMy WebLinkAbout07-18-2023 MinutesMINUTES OCOEE CITY COMMISSION JULY 18, 2023 CALL TO ORDER 6: 16 PM Mayor Johnson called the regular session to order at 6:15 PM in the Commissi Chambers of City Hall. The invocation was led by Commissioner Hart, followed by t Pledge of Allegiance to the Flag led by Commissioner Wilsen. City Clerk Sibbitt call the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Kennedy, Commissioner Wilse Commissioner Firstner, Commissioner Hart Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt 3 till .114 Lly� affirj ILI The following residents addressed the Commission and spoke in opposition to the Wesmere HOA request for tree removal within their community. - Christopher Buonomo formally asked that any future tree removal permits be rescinded. - Katie Suriano apologized to the Commission and expressed discontent with the letter sent by their HOA attorney to the elected officials. - Camille Riffe inquired about the legal requirements to amend the Wesmere Master Plan, which she felt would be required to allow a tree removal project of this magnitude. City Attorney Cookson clarified the Wesmere HOA issue before them and shared that the matter is not a city issue. It is a dispute between the HOA and residents. The floor was opened for each member of the City Commission to ask questions and voice concerns. Development Services Director Rumer addressed comments regarding the master plan. City Attorney Cookson further explained that it is his understanding from the discussion, that the residents are requesting that the city place a hold on issuing tree removal permits until after their November HOA Board meeting. - Penny Baum reiterated her neighbors' sentiments, speaking in opposition to the tree rer1ov,21. Commissioner Firstner disclosed that he will be abstaining from voting on this item as he is a member of this community and it has been implied by the HOA that he gains direct financial benefit by not complying with the tree removal. Regular City Commission July 18, 2023 that the City will continue to hold the tree removal permit until the end of 4. 01I.W491A MIRE Clerk's Department) -CONSENT AGENDA 6:53 PHI for discussion and separate consideration. carried 5-0. 1. Approval of Minutes from the Regular City Commission Meeting held June 20, 2023. (City Clerk Sibbitt) 2. Approval of New Appointment to the Code Enforcement Board. (City Clerk Sibbitt) 3. Authorization to Proceed with a Final Contract and Financing Plan with Fortress Secured LLC for the Construction of the Ocoee Law Enforcement Training Center. (Assistant City Manager Shadrix) 4. Authorization to Utilize the Ocoee Village Center Park Amenity Tract for Site of a New Fire Station. (Assistant City Manager Shadrix) 5. Approval of a Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement for Alibi Apartments (fka Lake Lilly Apartments). (Development Engineer Keaton) 6. Approval of Resolution Allowing Commercial Property Assessed Clean Energy (C- PACE) to Operate within the City and Authorize the City to Enter into Agreements to Provide C-PACE Financing Programs. (Deputy Development Services Director Corless) 7. Approval of a Revision to the Purchase and Sale Agreement between GPK OET, LLC and the City of Ocoee for the 17.96 acres Located at the Northeast Corner of Fullers Cross Road and Ocoee Apopka Road. (Development Services Director Rumer) 8. Approval for Proposed Tentative Millage Rate for Fiscal Year 2023-2024 Budget. (Finance Director Roberts) i 1 11 ; It! ii ijjqpili� -'= IT, 0 unanimously. 2 1 P a g e Regular City Commission July 18, 2023 Approval to Set Workshop and Hearing Dates for FY 2023/2024 Budget Process. (Finance Director Roberts) 10. Approval to Submit Application to the Florida Firefighter Cancer Decontamination Equipment Grant for the Purchase of Structural Firefighting Gloves. (Fire Deputy Chief Van Camp) 11. Approval to Renew the School Resource Officer Agreement with Innovation Montessori Ocoee, Inc., Charter School. (Police Chief Plasencia) 12. Approval of the State Traffic Signal Maintenance and Compensation Agreement Amendment No. 2 and Addition of Exhibit "E". (Public Works Director Krug) Mail M111 '"14cf-11 011,11 �01 - Development Services Director Rumer summarized the statutory requirements of designating a Brownfield Area and shared this is a second reading of the resolution. He provided an overview of the two properties creating the Ocoee Northwest Brownfield Area, which is being facilitated to assist the Ocoee Regional Sports Park Development and will not affect any property owners who are not aware or requested to be included. City Attorney Cookson read the title of the resolution. The public hearing was opened. As no one wished to speak, the public hearing was closed. vzoiggim-0111K.-jimn NIZIrg] m 611 Ito A I a.I;] wri 161ZI-m NJ I tZ141 (-*i A i4i I ITXSTMGMMAMM� �'Mms MM-11k, M. .011 1., M193 I'll ill EaMMMT AT mmmm=- W1411111 0 all 01. TimmiTi 0 *a carried 5-0. 3 1 P a g e July 18, 2023 14. Review and Request Direction on Procurement of City Attorney Services. (Assistant City Manager Shadrix) Assistant City Manager Shadrix explained requests for letters of Interest for city attorney services were due and opened, and the following two firms responded: Fishback Dominick and Shepard, Smith, Kohlmyer & Hand, P.A. Staff is requesting direction on the remaining process. r ni'M71 =-- WFUMVIIJUNI'M MINIM- 11 R- August 1st. 15. Approval of Letter of Intent (LOI) between GPK OET LLC and City of Ocoee for 6.981 Acres of City Owned Land (06-22-28-0000-00-055). (Development Services Director Rumer) Development Services Director Rumer explained that GPK OET LLC (GPK) has submitted a Letter of Intent (LOI) to purchase the 6.98 acres located on the northwest corner of the intersection of Ocoee Apopka Road and Fullers Cross Road. He summarized the current contract the City has with GPK, and explained that as a way to continue moving forward with the project under the existing development proposal, GPK is proposing to provide additional stormwater for their mixed -use site, and to develop a hotel on the remaining portion in anticipation of the Ocoee Regional Sports Complex. 1 0111111 01�1111 1�11; I I 1 0 WMIESTORRIMS NW IFT"r-M. 148MM.N. "1. 0 11 a MEMO#" WM T1 I ITI I RN IQ ki 14 Mayor Johnson shared that due to a recent vacancy of a regular Planning & Zoning Commission seat, he recommends elevating Alternate Member Keller to the regular seat. NUNN= 11;111111I�11 1, 11111111111 y: U R-T, IT, TIM : 0 RIM 11-912 MOVIM-111 It ffilm. IT421il ITI on I VjVA7k7i�• July 18, 2023 Commissioner Hart - Commented on the following: 1) Thanked staff for doing a great job. #Jwli 3) Commented on the new Ocoee Skate Park. 4) Addressed concerns that he received regarding trash cans. 5) Shared his attendance at the basketball game between Police and Public Works. 6) Asked citizens to watch out for one another. ; * rrr I '* I A- r. . - I ii• I 1 '6. . Commissioner Firstner - Commented on the following: 1) Shared that he is happy to be back and is excited to see that the city is moving forward on a new fire station, a police training center, and the 4.95 millage rate. r% Commissioner Wilsen - Commented on the following: I ) Summarized discussions from the Downtown Workshop and shared that several items will come before the City Commission at the next City Commission meeting scheduled on August 1st. 2) Announced the designations she has made from her discretionary funds, and requested approval from the Commission to allocate funds from the Commission's travel budget for local lodging at the Florida League of Cities Annual Conference in August. Consensus of the City Commission was to allow the use of travel funds for local lodginc ] during the Florida League of Cities Annual Conference. Commissioner Kennedy - Commented on the following: 1) Noted Item #4 on the Consent Agenda, approval of a new permanent Fire Station in District 1, and thanked staff. City Manager Frank shared that he recently received a confirmation letter from the development consortium approving additional funding. Mayor Johnson - Commented on the following: 1) Commented on the use of discretionary funds. Commissioner Wilsen responded to his concerns. 2) Thanked the residents of Wesmere for contacting the Commission, and suggested reevaluating the City's ordinance on tree requirements. 3) Announced the first day of school is August 1 Oth, and requested to have staff ensure that all school safety signs are functioning properly. City Manager Frank addressed his request and noted new laws on speed cameras within the school zones. 4) Noted speed limit signs along White Road, and shared that they indicate differenI speed limits. City Manager Frank addressed his concerns. 5) Announced the next City Commission meeting scheduled for Tuesday, August 1st. 5 1 P a g e JuIV 18, 2023 I I ITNINT.—MISTIV. 119 INIM W-Ts FWA0491 * Melanie Sibbitt, City Clerk 289m]= Rusty John Mayor LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILINGAIDDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON CITY COUNTY ol(CITY C1 COUNTY C1 OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED ef This form is for use byany person serving sdthe county, city, orother local level ofgovernment onanappointed cxelected board, council, commission, authority, or committee, It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section i1Z3143.Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interestwill vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. A person holding e|auUvo or appointive cuunty, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or kmo of principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs)under Sao. 183.358 or 103.357. [S, and officers ofindependent special tax districts elected on o ona'uum, one -vote basis are not prohibited from voting in that capacity. For purposes of this law. a "relative" includes only the officer's father, mother, son, daughter, huoband, wUe, brother, aioter, fathmpin-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed onany national orregional stock exchanQe). In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TDTHE VOTE BEING TAKEN bypublicly stating to the assembly the nature nfyour interest in the measure onwhich you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS hycompleting and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Although you must abstain from voting inthe situations described above, you one not prohibited _bySection 112.3143from otherwise participating inthese matters. However, you must disclose the nature ofthe conflict before making any attempt Vuinfluence the decision, whether orally orinwriting and whether made byyou oratyour direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE ~ You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes nfthe meeting, who will incorporate the form inthe minutes. (Continued onpage 2) osFORM oa cFF.11ooa PAGE Adopted byreference mRule x4-7.01uUV���. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, kit --V-1A 77V hereby disclose that on 200 (a) A measure came or will come before my agency which (check one or more) V"- inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative inured to the special gain or loss of whom 1 am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: N , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.